النظام القانوني للدفع بعدم الدستورية في الجزائر

Abstract EN

Algeria's 2016 constitutional amendment has approved the exception of unconstitutionality mechanism, which gives the litigant the right to defend his constitutionally guaranteed rights and freedoms so it cannot be attacked by any legal provision that makes them vulnerable to derogation.

In this paper we try to examine the rules governing the mechanism of the exception of unconstitutionality in Algeria, to determine its controls, and the roles of its actors: litigated individuals, judicial bodies, and the constitutional council, by drawing them from the texts distributed among them: the constitutional text, the organic law No.

18- 16, and the system specifying the rules of operation for the Constitutional Council.

This paper concluded that the legal system of the exception of unconstitutionality mechanism in Algeria raises many theoretical and practical problems, because of the ambiguity of its rules and the need for revision, in addition to that, the success of this mechanism is subject to the clearness of the rules of its regulation, and the concerted efforts of all actors to achieve the desired end of its adoption.